Ohio Rev. Code » Chapter 4399
Ohio Revised Code

Ohio Rev. Code § 4399.02 (2026)

Liability of owner or lessee for injuries caused by intoxicated person

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Effective:
July 23, 2004
Latest Legislation:
House Bill 306 - 125th General Assembly
PDF:
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The owner of a building or premises, and the person renting or leasing them, if the owner or person knows that intoxicating liquors are to be sold in the building or premises in violation of law is severally or jointly liable with the person selling the intoxicating liquors for all damages sustained, as well as exemplary damages.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1990–2024 · leading case: Trogdon v. Beltran, 2016-Ohio-5285, 69 N.E.3d 1047.
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Trogdon v. Beltran, 2016-Ohio-5285, 69 N.E.3d 1047. · cites it 2× “07, section 4399.02, or another section of the Revised Code that expressly establishes joint and several tort liability for specified persons, joint and several tort liability shall be determined as follows: (1) In a tort action in which the trier of fact determines that two or…”
Kesler v. JM Harper, L.L.C., 2024-Ohio-1575, 241 N.E.3d 917. “Sines (“Sines”), and John Doe alleging: (1) wrongful death, (2) Dram Shop Liability (R.C. 4399.02 et seq.), (3) negligent training and supervision, and (4) vicarious liability.”
Jones v. Diamond Warranty Corp., 2011-Ohio-6744. · cites it 2× “07, section 4399.02, or another section of the Revised Code that expressly establishes joint and several tort liability for specified persons, joint and several tort liability shall be determined as follows: {¶36} "(1) In a tort action in which the trier of fact determines that…”
Brown v. Hyatt-Allen Am. Legion Post No. 538, 8 Ohio App. Unrep. 257 (Ohio Ct. App. 6th Dist. 1990). “"Notwithstanding sections 4399.02 and 4399.05 of the Revised Code, no person, and no executor or administrator of the person, who suffers personal injury, death, or property damage as a result of the actions of an intoxicated person has a cause of action *260 against the owner…”
Vitek v. Wilcox, 8 Ohio App. Unrep. 283 (Ohio Ct. App. 6th Dist. 1990). “"Notwithstanding sections 4399.02 and 4399.05 of the Revised Code, no person, and no executor or administrator of the person, who suffers personal injury, death, or property damage as a result of the actions of an intoxicated person has a cause of action against the owner of a…”
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